(PS) Callum v. Austin Capital Bank ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 GARLAND CALLUM, No. 2:21-cv-01484-JAM-CKD PS 12 Plaintiff, 13 v. ORDER 14 AUSTIN CAPITAL BANK, (ECF No. 10) 15 Defendant. 16 17 On November 12, 2021, the magistrate judge filed findings and recommendations (ECF 18 No. 10), which were served on the parties and which contained notice that any objections to the 19 findings and recommendations were to be filed within fourteen (14) days. No objections were 20 filed. Accordingly, the court presumes that any findings of fact are correct. See Orand v. United 21 States, 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are 22 reviewed de novo. See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 23 1983). 24 The court has reviewed the applicable legal standards and, good cause appearing, 25 concludes that it is appropriate to adopt the findings and recommendations in full. Accordingly, 26 /// 27 /// 28 /// 1 IT IS HEREBY ORDERED that: 2 1. The findings and recommendations (ECF No. 10) are ADOPTED IN FULL; 3 2. Plaintiff’s claims are DISMISSED with prejudice pursuant to Federal Rule of Civil 4 Procedure 41(b); and 5 3. The Clerk of Court is directed to close this case. 6 7 Dated: December 20, 2021 /s/ John A. Mendez 8 THE HONORABLE JOHN A. MENDEZ 9 UNITED STATES DISTRICT COURT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28